Articles Posted in Nursing Negligence

Many nursing home residents in Orange County and throughout Southern California, as well as at assisted living facilities in the area, require help with activities of daily living (or ADLs). Activities of daily living include things like getting dressed, bathing, using the bathroom, and eating. Help with ADLs does not need to be provided by a nurse, but families should be able to expect that their elderly loved ones will have the assistance with these activities that they need at any nursing home or assisted living facility in Orange County. When a facility is negligent or when an employee fails to adequately assist a resident with one of these ADLs, the resident can suffer serious and sometimes life-threatening injuries. When it comes to eating, there is a serious risk of choking among older adults who need assistance.

What do you need to know about choking hazards among older adults and facility liability for these injuries? Our Orange County nursing home neglect attorneys can say more. 

Choking Hazards and Older Adults

Nursing home abuse and neglect in Orange County is more common than many people think, and some studies estimate that it impacts 10% or more of older adults. Indeed, according to the National Council on Aging (NCOA), one out of every 10 people aged 60 and older suffers some type of abuse each year, and some studies suggest that only about one out of every 24 cases of elder abuse is actually reported, which could mean that the rates of abuse and neglect are significantly higher than what we already know. Some signs of abuse or neglect may be more obvious than others, such as physical bruises or cuts or reports made by seniors who have experienced abuse. Yet as an article in U.S. News & World Report intimates, it is always important to think about signs and symptoms of abuse that may not be as obvious or transparent. Often, the way to learn about some of these issues is to ask questions. Our Orange County nursing home neglect lawyers can tell you more.

When Nursing Home Abuse is Not Transparent

The article in U.S. News & World Report emphasizes that, more often than you might anticipate, “there are harsh secrets in nursing homes” that frequently include “resident neglect or abuse.” As that piece underscores, the COVID-19 pandemic worsened safety and health issues that were already present in many nursing homes in California and across the country as those facilities failed to implement effective infection control measures or to address the effects of isolation and emotional neglect. Yet often, these kinds of issues will only be known to prospective residents or to current residents’ family members if they ask. 

When most of us think about nursing home abuse in San Bernardino County, we think about instances of physical abuse, emotional or psychological abuse, or even sexual abuse. Many people also know that passive neglect, which can result in serious resident harm, can lead to a nursing home abuse and neglect claim. Yet discussions about resident-to-resident abuse are less common. What should you know about resident-to-resident abuse in Southern California? The most important thing to know is that nursing homes have a duty to protect patients from injuries and to appropriately handle instances of abuse and neglect, even when the perpetrator is another resident. As such, similar to cases involving other forms of abuse, nursing homes may be liable for resident-to-resident abuse. Our San Bernardino nursing home abuse attorneys can provide you with more information.

Resident-to-Resident Mistreatment Can Take Many Forms

Resident-to-resident abuse or mistreatment is a form of nursing home abuse or neglect that is often overlooked. According to the National Center on Elder Abuse (NCEA), resident-to-resident abuse or mistreatment can be defined as “negative, often aggressive, interactions between residents in long-term care communities.” This type of abuse or mistreatment may include “physical, verbal, and sexual abuse,” and the NCEA emphasizes that it is “likely to cause emotional and/or physical harm.”

Southern California experiences year-round high temperatures, but the summer months can be particularly intense in Orange County. People of all ages can experience heat-related injuries due to exposure, but older adults can be particularly susceptible to heat-related injuries as a result of their increased susceptibility to dehydration and health complications. It is critical for nursing homes to take steps to prevent heat-related illnesses and injuries, monitor patients for signs of heat-related illnesses and injuries, and take immediate action when a resident shows signs of a heat-related illness or injury. When a nursing home resident does experience an injury as a result of the heat, the nursing home could be negligent. You should get in touch with an experienced Orange County nursing home neglect lawyer who can help you with your case.

Recognizing the Signs of Heat-Related Illnesses and Injuries

Heat-related illnesses and injuries can range from mild to severe, and they can affect older adults in serious ways. As the Mayo Clinic explains, dehydration is especially common among the elderly when they do not drink enough water or experience exposure to high temperatures. There are a few reasons for increased susceptibility to dehydration and heat-related illnesses among seniors, including the fact that “older adults naturally have a lower volume of water in their bodies,” and older nursing home residents frequently take medications that place them at greater risk of dehydration and heat-related illness during heat waves. 

When nursing homes in San Bernardino County fail to provide adequate care to residents who are confined to their beds or have trouble with mobility, those residents can develop bed sores. While early stage bed sores can usually be treated effectively, bed sores that worsen can result in debilitating and life-threatening harm. In fact, in some cases, bed sores can result in fatal infections. What causes bed sores in Southern California nursing homes, and what should you do if you have an elderly loved one who developed bed sores under a nursing home’s watch? Our San Bernardino nursing home abuse lawyers can assist you.

Learning About the Causes of Bed Sores in Nursing Homes

What usually causes bed sores in nursing homes in San Bernardino County? According to the Mayo Clinic, bed sores result from “pressure against the skin that limits blood flow to the skin.” There are major contributing factors that often involve nursing home negligence, as well as risk factors for certain residents. The Mayo Clinic identifies the following as the three major contributing factors to bed sore injuries:

Currently, when nursing homes in Orange County and elsewhere in the country receive payments from Medicaid, they are able to spend the payments on facility maintenance, operations, and even toward profits. According to a recent article in California Healthline, newly proposed legislation could change that, requiring nursing homes in California to spend those Medicaid payments on patient care alone. There are currently about 15,500 nursing homes in the United States, and the article underscores that the Biden administration is considering making this change for all nursing homes nationwide. In the meantime, however, California lawmakers are considering making the change across the state. 

A bill that is currently being considered “would require nursing homes to spend at least 85% of revenue from all payers on direct care for residents.” What do you need to know about potential changes and how they could limit nursing home abuse injuries in Southern California? 

Pandemic Has Changed the Way Many Think About Nursing Home Safety

Whether you have an elderly loved one in a nursing home in Riverside County or elsewhere in Southern California, it is extremely important to pay attention to signs and symptoms of nursing home abuse or neglect. Yet family members and friends alone should not bear the immense responsibility of identifying indicators of abuse or nursing home negligence. Rather, state laws should be in place to protect seniors at skilled nursing facilities from injuries resulting from intentional abuse and passive neglect. According to a recent article in the Los Angeles Times, California lawmakers “are considering several proposals” aimed at making facilities safer, “including changes to nursing home licensing rules.”

Assembly Bill 1502 Would Prevent Nursing Home Owners From Operating Without a License

Did you know that it is actually possible for a nursing home operator to buy a skilled nursing facility and even to run a nursing home in the state of California without obtaining a license to do so? According to the article, the process has been described as “backward and unique to the state.” Indeed, according to California state Assemblyman Al Muratsuchi, “in California, nursing home owners and operators can operate without a license even after they have been denied a license.” As a result, Muratsuchi explained, “many of these owners and operators have, unfortunately, an extensive history of neglect and abuse.”

While most residents of San Diego County who have loved ones in nursing homes are not thinking about risks of dehydration when they worry about elder abuse and neglect, it is important to know that dehydration is a serious issue that can lead to severe and life-threatening harm. Much too often, nursing home residents become dehydrated and suffer serious harm because employees at the facility failed to provide a reasonable level of care. Indeed, according to an article in Reuters, “people in nursing homes are more likely to be dehydrated than elderly people living in the community.” 

What do you need to know about dehydration risks in nursing homes in San Diego County? Consider the following when you are looking for a facility for a loved one or assessing a loved one’s risk of injuries in a skilled nursing facility in Southern California.

Common Causes of Dehydration in Nursing Homes

Nursing home abuse and neglect in Riverside County can take many different forms, and it can be difficult for family members visiting elderly loved ones to recognize signs and symptoms of some types of abuse. In particular, passive neglect injuries—in which the nursing home negligence led to the harm—may be attributed to circumstances that do not immediately stand out as neglect. As such, it is important to know when a facility may be responsible for a senior’s injuries.

For example, if an elderly resident in a nursing home suffers a bone fracture and must receive medical attention at a hospital, the nursing home might inform the family that the elderly resident slipped and fell on her way to the bathroom. Yet the fall may have been prevented if adequate staff were employed by the facility to assist that resident to the bathroom. Or, for example, a family member might learn that bed sores resulted from the resident being temporarily confined to bed because of an unrelated illness. Yet those bed sores may have been prevented if a staff member had been providing regular care to the resident confined to his or her bed. In such circumstances, the nursing home may be liable for negligence. The following are some of the most common injuries that result from passive neglect at nursing homes.

Bed Sores

Choosing the best nursing home for an elderly loved one can be a difficult task. Although some information about nursing home ratings and previous safety violations can be located, recent reports suggest that information is often incomplete, or even worse, that it may be incorrect and misleading. Moreover, you cannot always know for certain whether a facility will pose injury risks to its residents based on its history. While a history of safety violations should certainly be a cause for concern, even skilled nursing facilities with clear records can be places where elderly residents sustain serious and life-threatening injuries. 

How can you know what to look for in a nursing home? More often than not, it is important to know what you should not see at a nursing home or assisted-living facility. According to U.S. News & World Report, it is more important than ever to be able to recognize red flags at nursing homes. The following are red flags that should raise concern.

High Rate of Infections and Deaths From COVID-19

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